Terms and Conditions
Part 1: Scope and Applicable Law
(1) The following general terms and conditions apply to all legal transactions with consumers and entrepreneurs
Markus Schreyer Coaching
Hohengebrachinger Strasse 42
Hereinafter referred to as “I”. The legal transactions can be concluded by e-mail, contact form or via the website.
(2) The language available for the conclusion of the contract is exclusively English. Translations into other languages are for your information only. The English text takes precedence in the event of any differences in language use.
(3) These General Terms and Conditions apply exclusively. I do not recognize any conditions that conflict with or deviate from these GTC, unless I have expressly agreed to their validity in writing or in text form.
2 Applicable Law and Consumer Protection Regulations
(1) The law of the Federal Republic of Germany shall apply to the exclusion of private international law and the UN sales law applicable in Germany if:
- a) you order as an entrepreneur,
- b) you have your habitual residence in Germany, or
- c) Your habitual residence is in a country that is not a member of the European Union.
(2) In the event that you are a consumer i. s.d. § 13 BGB and you have your habitual residence in a member state of the European Union, the applicability of German law also applies, whereby mandatory provisions of the state in which you have your habitual residence remain unaffected.
(3) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
(4) The version of these GTC valid at the time of booking applies.
(5) The prices at the time of booking apply.
(6) If certain discount or special offers are advertised, these are limited in time or quantity. There is no entitlement to it.
Part 2: Conclusion of the contract, payment modalities, term of the contracts and vouchers
3 Subject of the contract
(1) The subject of the contract may be the following services (although the list is not exhaustive):
– Individual coaching
– online courses
– coaching program
(2) All offers on the Internet are non-binding and do not constitute a legally binding offer to conclude a contract.
4 Prices, terms of payment and due dates
(1) My prices are shown as net prices plus the statutory value added tax to entrepreneurs, displayed for Germany. I report the gross amount to consumers.
(2) An invoice will always be sent to you by email in the form of a PDF document. The invoice amount is due immediately upon receipt of the invoice and must be paid to me within 7 days.
(3) Access to the respective services is dependent on prior receipt of payment. As soon as I have received your payment, you are entitled to my corresponding consideration from this point in time.
(4) My app platform (PT Distinction), or access to Slack will only be activated once the amount has been credited to my account.
(5) In some cases I also offer payment in installments. The total amount may be higher compared to a full payment. (Usually 3 % of the total package) I will inform you of this amount in advance. A premature termination of an agreed installment payment agreement is possible by way of early repayment. You have the right to pay the full amount (but then the possibly increased installment payment amount) at any time before the end of the agreed time in part or in full.
(6) Interest in the agreed amount (amount paid in installments is usually higher than for a one-off payment) as well as costs for appropriate reminders are incurred for late payments, both for purchases and for installment purchases. If the internal dunning process is unsuccessful, I can hand over the open claim to a lawyer for collection. In this case, you will incur costs for the use of legal representation.
(7) If we have agreed to pay in installments and you do not pay after a reminder in text form and a grace period has been set, I am entitled to end the installment payment prematurely and the entire outstanding amount is then due immediately.
(8) You are not entitled to assert a right of retention against payment claims from me or to offset them; unless it concerns undisputed or titled counterclaims.
(9) If a SEPA direct debit mandate you have given is canceled without a legal reason, you must pay not only the bank fees for returned direct debits but also legal advice. Such an approach can also have criminal consequences.
(10) If you are in default of payment or otherwise in arrears, I am entitled to refuse the service or delivery until all payments due have been made. I am also entitled to withhold, interrupt, delay or completely discontinue services without being obliged to compensate for any damage incurred. These rights apply without prejudice to other contractually agreed or statutory rights and claims of me.
5 Formation of the contract
The following applies to bookings made by email, Instagram Direct Message, or via my contact form:
(1) In the case of coaching, the preparatory first meeting between me and you forms the basis for the consulting service. You contact me via email or the contact form.
The initial consultation lasts about 30 minutes and takes place via zoom.
(2) In the first meeting, we will clarify any questions you may have about the process, the content and the payment options, as well as whether my offer is suitable for you and your request.
(3) Then you let me know directly in a conversation or by e-mail whether you would like to work with me.
(4) Offer: I will send you a contract as a PDF file by e-mail and offer you the binding conclusion of it.
(5) Acceptance: With your signature via Dotted Sign, or an email agreement, you accept the offer and the contract is concluded.
(6) As soon as I have received the signed contract, you will receive an invoice by e-mail as agreed.
(7) Payment in advance is available to you as a payment option. The entire invoice amount is due immediately when the order is placed. As soon as your payment has been received, you are entitled to my corresponding consideration.
6 Contract Term and Termination
(1) The respective term of our contract depends on the booked coaching. As a rule, the contract ends automatically upon fulfillment. This means you have paid my entire fee and I have provided the corresponding service in return.
(2) The extraordinary right of termination of each party remains unaffected. I have an extraordinary right of termination in particular if you are in arrears with payments more than 2 times, if you intentionally violate provisions of these General Terms and Conditions and/or intentionally or negligently committed prohibited actions or our relationship of trust is permanently disturbed.
Part 3 Details of the range of services and cancellation conditions
7 Duration of a counseling session and location of the coaching
(1) The duration of the coaching is usually 60 minutes.
(2) Usually there is 1:1 coaching
(3) The coaching takes place online via Zoom.
(4) For Online Seminars it’s via Zoom and usually 1-2 hours per call.
8 Scope of services and unused services
(1) The scope of the product depends on the coaching program.
(2) A booked appointment must be canceled at least 24 hours before the start. Otherwise, the appointment will be counted as a full appointment.
(3) If you repeatedly cancel a booked appointment, no further appointment needs to be offered. This appointment then expires. The right to payment for the appointment remains. Payment for the appointment will be retained. There is no right to a refund.
(4) If you cancel a booked coaching session, you are not entitled to a refund of the payments you have made, unless you present a medical certificate.
9 Right of withdrawal for consumers
(1) As a consumer, you are entitled to a right of withdrawal in accordance with the instructions listed in the appendix.
(2) The cancellation period begins with the conclusion of the contract. The contract is concluded the moment you receive the confirmation e-mail of the purchase from me.
(3) Services such as coaching have the following special features with regard to the right of withdrawal:
If you buy the coaching program and I should start the service immediately or within the 14-day cancellation period, you waive your right of cancellation.
I point this out directly in MY OFFER with the following passage: “You expressly request that I begin the service before the end of the cancellation period of 14 days. You are aware that you will lose your right of withdrawal if I provide the service in full. In the case of a proportionate service to you (as a customer) within the cancellation period, I am entitled to the consideration (payment) for the service provided – even in the event of a cancellation.
(4) Digital content / products have the following special features with regard to the right of withdrawal:
If you buy a digital product and you receive the entire content immediately after payment, you waive your right of withdrawal.
I point this out immediately BEFORE completing the order with the following passage: “I hereby waive my right of withdrawal of 14 days so that I can directly access the digital content in full.”.
(5) If the booking is canceled within 14 days and the coaching program has already started during this time, you are only entitled to a proportionate reimbursement of your costs. Services already rendered will then be deducted pro rata from the refund.
10 Cancellation of the coaching/seminar by Markus Schreyer
(1) I am entitled to cancel coaching (1:1 or for groups) if I fall ill at short notice and no replacement can be provided.
(2) In the aforementioned case, we will first try to find an alternative date. If this is not possible, you will get the participation fee back. Further costs, such as accommodation and travel expenses that you have incurred, will not be covered.
(3) If you behave in breach of contract by violating these General Terms and Conditions, I have the right to exclude you from the coaching program. This is particularly the case if you disrupt the course of the coaching program and continue to do so even after being asked to do so, or if you repeatedly fail to keep appointments that have been made (e.g. appointments). In this case, no costs will be reimbursed.
(4) In case of limited time availability, or any other event, that forces me to not able to take our coaching calls, you’ll receive a refund for the remaining calls.